One of the attorneys who played a role in the succesful challenge mounted by a gay rights activist against Belize’s homosexuality laws, said local HIV/AIDS advocates could also test similar legislation.
Earlier this month, the Belize Supreme Court ruled that the law criminalising same-sex intimacy was unconstitutional after Caleb Orozco, who heads an LGBTQ rights group, challenged Section 53 of the Belize Criminal Code, which banned “carnal intercourse against the order of nature” and disproportionately affected gay men.
Attorney and member of the University of the West Indies (UWI) rights advocacy project Westmin James said that it is widely recognised that the buggery laws on the books in regional jurisdictions, save for the Bahamas, constitute a breach of an individual’s fundamental rights.
He said the recent judgment in Belize could “definitely” be applied within member states of the Organisation of Eastern Caribbean States (OECS).
“The OECS does not have a forceful right of privacy but they certainly do have a non-discrimination section which provides that you cannot discriminate against someone on the basis of sex. So here, in the judgement which says that sex includes the concept of sexual orientation, that can be used in the other jurisdictions as well,” James said.
In the case of Antigua & Barbuda and St Kitts and Nevis, the attorney said, an action can be brought to court on the rights of privacy of an individual or an argument, like in Orozco’s case, that the individual’s freedom of expression and equality are being infringed.
“One has to be careful because this is still a first instant decision in the Orozco case; it is not binding on other jurisdictions and certainly, being a first instant decision, a judge may decide to depart from it,” James said.
He however, explained that in terms of strategic litigation, the judgment, could have certain impetus for Antigua & Barbuda and St Kitts and Nevis.
“There may be other factors about whether or not a litigation will be successful there. One thing that was very, very useful and successful in our case was the use of evidence — evidence of the effects it has on men having sex with men in the jurisdiction; how many men get arrested, convicted or charged with the offence. There was a lot of expert evidence that was necessary,” the attorney said.
James was at the time reflecting on the historic case and its impact on nthe region during a webcast held to discuss the outcome of the 21st International AIDS Conference held in Durban, South Africa late in July.
He said the judgment could assist people who are agitating against stigma and discrimination and who are seeking assistance for HIV treatment and care.
The Belize government announced last week that it would not be appealing the decision by the Chief Justice.